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The New West Virginia Business Court:
A Positive Development for Business Litigation


On September 11, 2012, the West Virginia Supreme Court of Appeals announced the new Business Court Division ("BCD"). The BCD was created pursuant to W. Va. Code 51-2-15,  and the new rules can be found in West Virginia Trial Court Rule 29.


Spilman Thomas & Battle considers the BCD a positive change for the future of litigation in West Virginia. Your Spilman attorney will be pleased to discuss how the BCD may impact you and answer your questions about the benefits of pursuing your business litigation there. We look forward to assisting you in any way we can with the changes that the BCD will bring.



Q.  What is the Business Court Division, and what is its purpose?

A.  The BCD, based in Martinsburg, West Virginia, is a new court system designed to handle complex and specialized commercial cases. The BCD will take commercial cases out of the normal circuit court docket, give those cases to judges who are trained to handle commercial matters, and then expedite the process so that these cases are resolved efficiently.

The BCD is not
  • an appellate court,
  • a court of original jurisdiction, or
  • a court that will handle consumer complaints or other delineated claims in Rule 29.
The West Virginia Supreme Court of Appeals ("WVSCA") stated the purpose of the BCD is to ensure a fair and competent trial on complex commercial matters. The goal is that companies looking to conduct business here will see that commercial disputes are given special treatment that is designed to resolve their problems quickly.

Click here to read a full discussion of the BCD and related topics on our website.



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